Denning on Cuno and the Court: The Case for Minimalism

Brannon P. Denning (Cumberland) has posted Cuno and the Court: The Case for Minimalism, 3 Georgetown J. L. & Pub. Pol'y ___ (forthcoming 2005), on SSRN.  Here is the abstract:

This paper uses Cass Sunstein's theory of judicial minimalism in Supreme Court decisions as a tool for examining the options the Court has before it when it considers Cuno v. DaimlerChrysler this term. In it, I describe possible dispositions that range from very narrow, minimalist decisions to maximalist decisions that could substantially alter the dormant Commerce Clause doctrine as we know it. It concludes with reasons why Cuno is a good case for "judicial minimalism."